Proposed Findings of Fact & Conclusions of Law on Contention 6.Two-yr Meteorological Study Does Not Constitute Sufficient Test Period to Generalize Meteorological Assumptions. Accuracy of Methodology Flawed.Certificate of Svc EnclML20004E808 |
Person / Time |
---|
Site: |
Zimmer |
---|
Issue date: |
06/04/1981 |
---|
From: |
Woliver J CLERMONT COUNTY LEGAL AID SOCIETY, FRANKHAUSER, D.D. |
---|
To: |
|
---|
References |
---|
ISSUANCES-OL, NUDOCS 8106150304 |
Download: ML20004E808 (5) |
|
|
---|
Category:FINDINGS OF FACT/CONCLUSIONS OF LAW
MONTHYEARML20052C6421982-04-30030 April 1982 Reply Findings to ZAC-ZACK & City of Mentor,Ky Proposed Findings of Fact & Conclusions of Law Re Emergency Planning Issues.Certificate of Svc Encl ML20054D8031982-04-16016 April 1982 Amended Page 14 to 820413 Proposed Findings of Fact & Conclusions of Law Zimmer Area Citizens & Zimmer Area Citizens of Ky.Certificate of Svc Encl ML20054C6431982-04-13013 April 1982 Proposed Findings of Fact & Conclusions of Law Re Sufficiency of Offsite State & Local Emergency Response Plans,Contentions 20X,20-25 & 4(12).Proposed Order & Certificate of Svc Encl ML20054C3091982-04-13013 April 1982 Proposed Findings of Fact & Conclusions of Law.Certificate of Svc Encl ML20050C0191982-04-0202 April 1982 Proposed Findings of Fact & Conclusions of Law Re Emergency Planning Issues in Form of Initial Decision ML20126M2001981-06-0505 June 1981 Forwards Miami Valley Power Project Proposed Findings of Fact & Conclusions of Law on Contentions 13-17.Welders Working on Facility Cable Trays Were Not Qualified. Certificate of Svc Encl ML20004E8081981-06-0404 June 1981 Proposed Findings of Fact & Conclusions of Law on Contention 6.Two-yr Meteorological Study Does Not Constitute Sufficient Test Period to Generalize Meteorological Assumptions. Accuracy of Methodology Flawed.Certificate of Svc Encl ML19343D3811981-04-24024 April 1981 Proposed Findings of Fact & Conclusions of Law in Form of Initial Decision.Notice of Appearances & Certificate of Svc Encl 1982-04-30
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20056E5101993-08-11011 August 1993 Comment Opposing Proposed Rule 10CFR20 Re Radiological Criteria for Decommissioning ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal IR 05000358/19820101986-06-24024 June 1986 Applicant Exhibit A-49,consisting of Forwarding Partially Withheld Safety Insp Rept 50-358/82-10 on 820607- 0818 (Ref 10CFR2.790) & Notice of Violation ML20129A3751985-05-16016 May 1985 Order Revoking CPPR-88,based on Util 840127 Plan to Convert Facility to Coal Fuel ML20133N3621985-03-14014 March 1985 Unexecuted Amend 3 Terminating Indemnity Agreement B-85 ML20094C3571984-08-0202 August 1984 Transmittal of Info Re Util 840320 Motion for Withdrawal of OL Application.Fuel Removed from Site,Steam Supply Sys Modified & CRD Mechanisms Removed.Certificate of Svc Encl ML20087H7881984-03-20020 March 1984 Motion Requesting Issuance of Order Authorizing Withdrawal of Application.Plant Will Be Used as Part of New Fossil fuel-fired Electric Generating Plant.Certificate of Svc Encl ML20087N2281984-03-0101 March 1984 Endorsement 25 to Nelia Policy NF-249 ML20079F8181984-01-16016 January 1984 Response Opposing Miami Valley Power Project 831231 Proposed Issues & Support for Contentions Re Qa.Issues Not Specific or Litigable.Certificate of Svc Encl ML20083J5321983-12-31031 December 1983 Proposed Issues & Prospective Witnesses Supporting Miami Valley Power Project Proposed Contentions Re Qa,Character & Competence.Certificate of Svc Encl ML20079H6901983-12-14014 December 1983 Petition Per 10CFR2.206 to Defer Judgment or Decision on Proposed Course of Action for Completion of Facility Until Suppl Created for Record of J Keppler 831215 Briefing.W/O Encls ML20082P8501983-12-0606 December 1983 Response Opposing City of Mentor 831115 Memorandum in Support of NRC 831031 Motion to Defer Rulings on Miami Valley Power Project Motion to Reopen Record.Motion W/O Merit.Certificate of Svc Encl.Related Correspondence ML20082M5791983-12-0202 December 1983 Response Opposing Applicant 831115 Answer to NRC 831031 Motion to Defer Ruling on Petition for Reconsideration & Motion for Leave to File Addl Evidence Prior to 831215 Conference of Counsel.Certificate of Svc Encl ML20082L0991983-11-30030 November 1983 Memorandum in Support of City of Mentor Motion to Further Defer Rulings Until Completion of Investigation Into Matl False Statements by NRC & Applicants.Certificate of Svc Encl ML20082D6991983-11-15015 November 1983 Memorandum in Support of NRC Motion to Defer Rulings on Miami Valley Power Project Motion to Reopen & City of Mentor Motion to Further Defer Rulings Until Completion of Investigation.Certificate of Svc Encl ML20081M7951983-11-15015 November 1983 Answer Opposing NRC Motion to Defer Rulings on Miami Valley Power Project (MVPP) 831003 Motion to Reopen Record.Decision Should Not Be Deferred to Await Completion of Investigation. Certificate of Svc Encl ML20085K7841983-10-18018 October 1983 Answer Opposing Miami Valley Power Project 831003 Petition for Reconsideration of ASLB 830915 Memorandum & Order Denying Project Motion to Reopen Record to Admit Eight Late Filed Contentions on Qa.Certificate of Svc Encl ML20078K5621983-10-13013 October 1983 Memorandum in Support of Miami Valley Power Project (MVPP) Petition for Reconsideration of ASLB 830915 Order.Mvpp Urges ASLB to Address Stds for Reopening Record.Issues Should Be Included to Ensure Complete Record.Certificate of Svc Encl ML20078F9641983-10-0606 October 1983 Notification to Commission of Miami Valley Power Project Misrepresentation in 831003 Motion for Reconsideration of ASLB 830915 Order.No Util Counsel Communicated W/Govt Accountability Project.Certificate of Svc Encl ML20078F8891983-10-0606 October 1983 Notice of Jh Laverty Employment W/Conner & Wetterhahn,Pc. Laverty Will Not Participate in Matters Leading to OL Issuance Due to Previous Employment W/Commissioner Roberts. Certificate of Svc Encl ML20078F8751983-10-0606 October 1983 Notice of Jh Laverty Employment W/Conner & Wetterhahn,Pc. Previous Employment W/Commissioner Roberts Eliminates Any Contribution to Zimmer Case ML20080P0771983-10-0303 October 1983 Motion for Extension to File Appeal Until 10 Days After Svc of ASLB Decision on Miami Valley Power Project Petition for Reconsideration.Certificate of Svc Encl ML20080P0141983-10-0303 October 1983 Petition for Reconsideration of ASLB 830915 Order Denying Miami Valley Power Project Motion to Reopen Record for Admission of Eight Proposed Contentions.Addl Info Provided Since Original Decision.Certificate of Svc Encl ML20080P0481983-09-26026 September 1983 Affidavit of T Devine Summarizing 830919 Discussion W/ C Weaver Re Summary of Interview in Torrey Pines Rept. Weaver Seriously Challenges Completeness of Interview Summary ML20080P0291983-09-26026 September 1983 Affidavit of D Jones for Govt Accountability Project Protesting Torrey Pines Rept Chapter on Cases Studies.Ref to Author Interviews Incomplete & Thus Inaccurate.Analysis of Whistleblower Missed Real Problem of Lack of Freedom ML20080P0671983-09-24024 September 1983 Affidavit of R Reiter for Govt Accountability Project Expressing Dissatisfaction of W/Summarized Interview in Torrey Pines Rept ML20080F2451983-09-13013 September 1983 Memorandum Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions. Torrey Pines Mgt Review & NRC Repts Confirm Project Substantially Correct on Qa.Certificate of Svc Encl ML20080E6921983-09-12012 September 1983 Answer Opposing Miami Valley Power Project 830826 Motion for Leave to Submit New Documents & for ASLB Review of Pending Investigations.Motion Unjustified Attempt to Bend Rules on Late Contentions.W/Certificate of Svc ML20080D2791983-08-26026 August 1983 Motion for Leave to Submit New Evidence in Support of 830603 Proposed Contentions & for ASLB Review of Significant Pending Investigations.Certificate of Svc Encl ML20080C7171983-08-25025 August 1983 Answer Opposing Miami Valley Power Project 830811 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830712 Motion to Compel Discovery.Project Had Opportunity to Brief Issue in Original Motion.Certificate of Svc Encl ML20076A6451983-08-15015 August 1983 Notice of Substitution of Counsel for Amicus Curiae Brief & Appearance Before Aslb.Certificate of Svc Encl ML20024E5591983-08-11011 August 1983 Motion for Leave to File Reply Brief to Applicant & NRC 830803 & 01,respectively,answers Opposing Miami Valley Power Project Motion to Compel Discovery.Assertion of Boundary on Discovery Should Be Briefed.Certificate of Svc Encl ML20024E3941983-08-0505 August 1983 Motion for Leave to File Reply Brief & for Clarification of Responsibility to Duplicate Previous Analysis & Evidentiary Submissions.Util Challenge Frivolous,Heavy on Chutzpah & Deficient on Common Sense.Certificate of Svc Encl ML20077L5161983-08-0303 August 1983 Response Opposing Miami Valley Power Project 830707 Reply Brief Supporting Project 830603 Motion to Reopen Record.Aslb Lacks Jurisdiction to Hear Motion to Reopen to Admit Eight late-filed Contentions.Certificate of Svc Encl ML20024D1381983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion for Protective Order to Withhold Identity of Persons Upon Whose Allegations Project Relied in Seeking to Reopen Record.Motion W/O Merit.Certificate of Svc Encl ML20024D1261983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Actually Is Untimely Appeal from Earlier ASLB Rulings.Relief Sought Contrary to Commission Orders ML20024D1171983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Defer Ruling on Review of ALAB-727 Pending Ruling on Motions to Reopen.No Justification Given to Delay Review for Unrelated Matters ML20080A2721983-07-21021 July 1983 Response to Applicant Motion for Leave to Respond to Miami Valley Power Project Reply Brief.Applicant Should Respond Only to Substance of Proposed Contentions Re QA Program Inadequacy.Certificate of Svc Encl ML20076L4691983-07-15015 July 1983 Motion for Leave to Respond by 830729 to Miami Valley Power Project (MVPP) Reply Brief Re Applicant Opposition to Eight QA Contentions.Mvpp Reply Distorts Record & Applicant Position.Certificate of Svc Encl ML20072N4741983-07-12012 July 1983 Motion to Defer Ruling on Whether to Review ALAB-727 Until ASLB & Aslab Rule on Miami Valley Power Project 830603 & 0712 Motions to Reopen Record to Admit Contentions on QA & Character & Competence,Or Alternatively,To Reopen Record ML20072N4631983-07-12012 July 1983 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence.Aslab Has Jurisdiction Even If ASLB Lacks Jurisdiction to Reopen Record ML20072N4501983-07-12012 July 1983 Reply Brief Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence & Motion to Compel Discovery on Contentions ML20072N4901983-07-12012 July 1983 Motion for Protective Order to Shield Identity of Affiants Providing Portion of Basis for Miami Valley Power Project Eight Proposed Contentions.Certificate of Svc Encl ML20072K7331983-07-0101 July 1983 Answer Opposing Miami Valley Power Project 830629 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830603 Motion to Reopen Record.No Purpose Would Be Served by Permitting Redundant Discussion.Certificate of Svc Encl ML20024B0591983-06-29029 June 1983 Motion for Leave to File Reply Brief,By 830706,to NRC & Util 830630 Answers to Miami Valley Power Project 830603 Motion to Reopen Record to Admit Eight Contentions on QA & Util Character & Competence.Certificate of Svc Encl ML20072F4481983-06-22022 June 1983 Memorandum Supporting Miami Valley Power Project 830602 Motion to Reopen Record to Admit Eight Contentions on QA & Lack of Corporate Character & Competence.Reopening Necessary to Foster Public Confidence in Nrc.W/Certificate of Svc ML20024A6661983-06-20020 June 1983 Response Opposing Motions to File Amicus Curiae Brief in Support of Miami Valley Power Project Motion to Reopen Record for Admission of Eight QA Contentions.Certificate of Svc Encl ML20024A6621983-06-20020 June 1983 Response Opposing Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Untimely ML20076J1361983-06-16016 June 1983 Ohio Sierra Club Amicus Curiae Brief Supporting Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions.Contentions Provide Evidence That QA Problems Exist.Certificate of Svc Encl ML20076J1201983-06-16016 June 1983 Petition for Leave to File Amicus Curiae Brief Re Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions on QA & Character & Competence.Requests Extension of Time.Certificate of Svc Encl 1993-08-11
[Table view] |
Text
F Gh/
.\ ,
/ NN ?.
/.v vs UNITED STATES OF AW RICA 'D O* D '
1; c~ ~~
h"JCLEAR PIGUI/.r0RY COMMISSICN i.C 2 93! = f.9 M JUN ATOMIC SAFETY AND LICENSING BOARD A Y, .. .1 I
~- gy .[Y....e g, l s ~c \ ' \@
In the Matter of -
THE CINCINNATI GAS & ELECTRIC Docket No. 50-358-OL CONFANY, et al.
c\g g l ch ' // '
(Wm. H. Zimmer Nuclear Power g I Station) :
E u jutt 1o 198W i
i U.5 $^*is's'$$
INTERVENOR DAVID FANKHAUSER'S PROPOSED FINDINGS OF FACT '.;.';,
AND CONCLUSIONS OF LAW ON CONTENTION 6 \ ,' . _
.;,;_~-
'.,[, 9 Pursuant to the Board's order of November 20, 1980, Intervenor David Fankhauser, by counsel, submits herein his proposed Findings of Fact on Conten-tion 6.
l
- 1. Intervenor Fankhauser's Contention 6 reads as follows:
!, The Applicants will not meet the design objectives of Appen-dix I 10 C.F.R. Part 50 because the dose levels to the children at the Moscow Elementary School will exceed those which are permissible.
l
- 2. The Licensing Board has been advised that the Moscow Elementary School was closed, thereby msking moot this issue. Tr. 4246-47. Based upon assurances l that the Moscow Elementary School is closed and upon the assumption that the l
l Moscow Elementary School will not reopen, Contention 6 is thereby mooted.
However, in the unlikely event that the Moscow Elementary School would reopen, pso3 the issues raised by Contention 6 would be subject to further review by this 3 Board upon its own initiative or upon an appropriate motion by the Staff or an /O intervenor. However; for completeness of the record, this Board will p' resent its findings on -this . Contention.
810615 030Y g -_. _ _ _ . - _ _ _ _ - _ -- .. _ . - _ , . - .
\
- 3. Both the Applicants and the Staff have attempted to show that the maximum exposure due to various pathways would not be to individuals at the Moscow Elementary School. These calculations were based upon a two year meteoro-i logical study at the Zimmer-site and upon calculations of the annual gaseous i effluents from the Zimmer facility during normal operations.
- 4. While the Applicants attempted to show that they utilized a conserva-tive occupancy factor of 0.25 in their calculations, this occupancy factor fails to take into consideration the possible use of the school facilities (i.e. the .
school playground) by children who attend the Moscow Elementary School during times when the school is closed (in particular weekends and sunmer vacation).
Therefore, this Board does not find the 0.25 occupancy factor to be conserva-tive, and in some cases this figure would be understated. Tr. 628-635.
- 5. This Board finds that a two year meteorological study at the Zimmer site does not constitute a sufficient " test period" from which generalized meteoroligical assumptions can be made. Tr. 802.
- 6. The accuracy of the methodology which was used to calculate the criti-cal doses of highest exposure is flawed. The evidence shows that during normal operations of tne Zimmar facility, approximately 25% of all the gaseous radioac-tive effluents from Zimmer will occur in approxbastely four 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> periods on an annual basis resulting from operation of the mechanical vacuum pump and the dry well purge. Both the mechanical vacuum pump and the dry well purge are non-continuous sources of releases. Neither the Applicants nor the Staff factored into their calculations relevant considerations of the ef fects from
! operation of the mechanical vacuum pump and the dry well purge over the course I
l
.I of normal operation. This Board finds that calculation of the maximum critical doses must take into consideration the possibility that tne wind direction and other atmospheric conditions might be substantially si=ilar during the four 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> periods in which the mechanical vacuum pump and dry well purge are function-ing. As a result of the Applicants and Staff's failure to consider this, the likelihood that a child attending school at the Moscow Elementary School could receive a higher than previously calculated critical dose is greatly enhanced.
Tr. 777, 787, 811,
- 7. As a result of the special considerations that should be given to the .
operation of the mechanical vacuum pump and the dry well purge, this Board requested the Staff and Applicants to calculate whether scheduling of releases
' 'from the mechanical vacuum pump and dry well purge could effect reductions in man-res and/or man-thyroid-rem dose. This calculation was to be performed in the context of a cost-benefit analysis. Both the Applicants and Staff calcu-laced that such scheduling of the mechanical vacuum pump and the dry well purge would not result in a favorable cost-benefit bals. ace. However, both implicit and explicit in these calculations was the assumption that any such scheduling of the mechanical vacuum pump and the dry well purge functions would result in delays in the operation of the plant. This Board is not convinced that routine scheduling of these functions would result in operational delays if such func-tions were roucinely scheduled during weekends or nights as had been suggested by this Board. Tr. 787. There fore, this Board does not find the cost-benefit ca culations performed by the Applicants and the Staff to be valid.
Respectfully submitted, f /
f l}
!X 4Mw l / John Woliver Counsel for Intervenor David Fankhauser
( Clermont County Legal Aid Societ'y P.O. Box #47
. .. . . . Batavia, Ohio 45103 (513) 732-2422 l
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing document were served upon all parties to this proceeding by deposit in the United States mail this +'
day of June, 1981.
/
/
I i Joh Woliver l.
- p. .
Charles Bechhoefer, Esq. Michael C. Farrar, Esq.
Chairman, Atomic Safety Atomic Safety and Licensing and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555
! Dr. Frank F. Hooper, Member Chairman, Atomic Safety and l Atomic Safety and Licensing Licensing Appeal Board Panel l Board U.S. Nuclear Regulatory i School of Natural Resources Commission l University of Michigan Washington, D.C. 20555 l Ann Arbor, Michigan 48109 l
l Dr. M. Stanley Livingston Chairman, Atomic Safety and l Atomic Safety and Licensing Licensing Board Panel l Board U.S. Nuclear Regulatory
! 1005 Calle Largo Commission ~
Santa Fe, New Mexico 87501 Washington, D.C. 20555 l
l l Charles A. Barth, Esq.
! Richard S. Salzman, Esq. Counsel for the NRC Staff Chariman, Atomic Safety and Office of the Executive Legal l Licensing Appeal Board Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Co'mmi s s ion' ~ Commission l Washington, D.C. 20555 Washington, D.C. 20555 Mr. Chase R. Stephens James Feldman, Esq.
Docketing and Service Branch Attorney at Law ,
Office of the Secretary 216 East Ninth Street G ' ", s U.S. Nuclear Regulatory Cincinnati, Ohio 452 .
Commission Q q, Washington, D.C. 20555
'] ,,
- i. .- - JUN. 819&f. a -I3
. . . . . . A ~7 - f Strice
\ /,N ,
I*
- . . ~ _ _ _ _ _ _ _ - _ , _ _ . _ _ .. _ . , _ . _ _ . . _ _ _ _ , . . - __ _ _ . _ . . . _ . _ _ .
William Peter Heile, Esq. David K. Martin, Esq.
Assistant City Solicitor Assistant Attorney General City of Cincinnati Acting Director Box 214 Division of Environmental Law Cincinnati, Ohio 45202 Office of Attorney General 209 St. Clair Street Frankfort, Kentucky 40601 Mrs. Mary Reder George Pattison Box 270 ?rosecuting Attorney of Route 2 Clermont County, Ohio California, Kentucky 41007 Main Street '
Batavia, Ohio
~
45103 Andrew B. Dennison, Esq.
Attorney at Law 200 Main Street Batavia, Ohio 45103 Troy B. Conner, Esq.
Conner, Moore and Corber 1747 Pennsylvania Ave., N.W.
l ,
Washington, D.C. 20006 l-.
t l
I WMb e e , #-
I l < . ..
~5-
- . . _ - _. . , .. _ . _, _- ._ . -- - . _. _ _ _ . _ _ _ _ _ _ _ , , _ . _ , _ _ . . _ _ _ _ _ . - _ _ _ _ _ _ _ , _ . . . . . - -